HPD Emergency Repair Program: when the city fixes it

When a New York City landlord doesn't fix an immediately hazardous condition on time, the Department of Housing Preservation and Development (HPD) can send its own contractors to make the repair through the Emergency Repair Program (ERP), then bill the owner. Tenants don't apply to ERP directly: you set it in motion by reporting the problem to 311 so HPD inspects and issues a violation the owner then fails to correct.

What ERP fixes

HPD says its contractors may do repair work to address HPD Class "C" immediately hazardous violations and Orders, as well as Department of Buildings (DOB) Orders and Declarations of Emergency, referrals of certain elevator violations, Department of Health and Mental Hygiene (DOHMH) Commissioner's Orders, and violations of other housing-related conditions. In practice that includes the problems tenants report most in winter and in older buildings:

• No heat or hot water
• Peeling lead-based paint in apartments with young children
• Mold, and mice, roaches or rats, once they reach Class C
• Other Class C conditions, plus DOB emergency orders and certain elevator violations referred to HPD

HPD's ERP work-order hotline categories include lead, mold, roofs and plaster, which gives a sense of the repairs it handles. Class A and Class B violations are not ERP's focus; for those the usual route to force repairs is an HP action in Housing Court.

How the process works

1. 1

   Tell the landlord first

   Tell the owner, managing agent or super in writing. It’s often the fastest fix, and it creates a record that the landlord knew.
2. 2

   Report it to 311

   Call 311 (TTY 212-504-4115), use 311 Online or the 311 app. You can file anonymously; for heat, HPD then picks an apartment at random to inspect.
3. 3

   HPD contacts the owner and you

   For heat, HPD tries to notify the owner or managing agent and may call you to ask whether service is back.
4. 4

   Inspection and violation

   If the problem continues, an inspector visits and issues a violation if the condition breaks the Housing Maintenance Code. The class and correction date appear on HPD Online.
5. 5

   Owner misses the deadline

   If the owner doesn’t correct and certify on time, HPD may send ERP staff to assess and hire a contractor.
6. 6

   Repair and billing

   The contractor does the work. The cost, plus related fees, is billed to the owner through the Department of Finance.

How fast the owner must act

ERP is tied to the deadlines on each violation. These are HPD's correction periods from the date of service. After the deadline, the owner faces civil penalties if HPD goes to court, and HPD can step in on immediately hazardous conditions.

Heat and hot water: the clearest example

Heat season runs October 1 to May 31. From 6am to 10pm, when it's below 55°F outside, the inside must be at least 68°F; from 10pm to 6am it must be at least 62°F whatever the weather. Hot water must be at least 120°F all year. Check your own readings with the heat season temperature checker.

HPD's heat page says that if an owner fails to restore heat and hot water after receiving a violation, ERP may contract with private companies to restore service and bill the owner, if the indoor temperature was below 64°F between 6am and 10pm or below 58°F between 10pm and 6am. HPD's 2024 heat season announcement describes the same step: ERP reaches out to the owner again, and if the owner is still unresponsive, technical staff try to find the cause and, as needed, hire private plumbing companies.

1. Day 1

   You report no heat to 311

   HPD tries to reach the owner and may call you to check.

2. As soon as possible

   HPD inspects

   If it’s too cold under the rules, a Class C heat violation is issued. Heat violations have no grace period.

3. If still cold

   ERP steps in

   If temperatures are below 64°F (day) or 58°F (night) and the owner hasn’t acted, ERP may hire a contractor to restore heat.

4. Later

   Owner is billed

   The repair cost and fees appear on the property’s Department of Finance account.

See No heat or hot water: what to do for a full step-by-step.

Lead paint

For lead-based paint hazards in pre-1960 buildings where a child under six lives, HPD says that if it issues a violation and the landlord doesn't complete the repair, HPD will send an inspector to scope the work, hire a certified contractor, and then collect dust samples to make sure no lead dust remains. HPD sends you the clearance test results. Give the inspector access to re-inspect. More in Lead paint rights for NYC tenants.

Who pays, and why it matters to you

The owner pays. HPD charges all repair expenses to the property and bills the owner through the Department of Finance, including costs for initial steps even if the contractor can't finish. Any charge that goes unpaid becomes a tax lien that bears interest and can be sold or foreclosed on. HPD also warns owners that city procurement and wage rules can make its contractors "significantly more expensive" than what an owner would pay by fixing the problem promptly.

Let the workers in

ERP only works if HPD's contractors can reach the problem. If you're told a repair crew is coming, arrange access, keep a note of when they arrive and what they do, and photograph the result. If the owner blocks HPD from a boiler room or other area, HPD's Housing Litigation Division may seek an access warrant, according to HPD's 2024 heat season release.

Use ERP history to vet a building

ERP and other HPD repair work orders show up on HPD Online under the property's Charges tab, including open work orders that haven't been billed yet. A building with repeated emergency repair charges is one where the owner has let hazardous conditions go long enough for the city to step in. Before you rent, look up the address on Roofy's building lookup for open Class C violations, then check HPD Online's Charges tab. Our guide to checking a building before renting covers the rest.

When ERP isn't enough

ERP is a safety net for emergencies, not a full renovation. If conditions keep coming back, or many Class A and B problems pile up, tenants can file an HP action to get a court order covering everything. Buildings with many serious violations may also end up in HPD's Alternative Enforcement Program (see the AEP report), and emergency repair charges are tracked in our emergency repair charges report.

This is general information. Rules and thresholds can change; confirm on HPD's website or by calling 311.